Allowed

Ajeesh M.B v. the State Rep.by

Madras HC28 Oct 2021CRL OP/20161/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner in a case under the Immoral Traffic (Prevention) Act. Conditions included reporting daily to police, executing bond with sureties, and not tampering with witnesses. The court relied on prior precedent regarding breach consequences.

What did the court decide?

Petitioner released on bail by depositing bond and sureties subject to reporting and conduct conditions.

Ajeesh M.B Vs the State Rep.by — Anticipatory Bail | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Thursday, the Twenty Eighth day of October Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr Justice M.DHANDAPANI

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CRIMINAL ORIGINAL PETITION No.20161 of 2021

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1 AJEESH M.B [ PETITIONERS / ACCUSED ]

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THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SULLUR POLICE STATION, COIMBATORE DISTRICT. (CRIME NO.969 OF 2021)

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For Petitioner : M/S.N.EDWIN JAYAKUMAR Advocate

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For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioners, who apprehends arrest for the alleged offence punishable under Section 3(2)(b), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.969 of 2021 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioners and another were running a prostitution centre in the name of massage parlour. Hence, the complaint.

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3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the petitioners were running a massage parlour with valid licence and there was no illegal activities are going on. Hence, he prays for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) submits that the co-accused was arrested and remanded to custody. He further submits that there are no previous cases as against these petitioners.

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https://hcservices.ecourts.gov.in/hcservices/

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5.Considering the facts and circumstances of case and the submissions made by both counsel and also the fact that there are no previous cases as against the petitioners, this court is inclined to grant anticipatory bail to the petitioners.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Sullur, Coimbatore District on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten thousand Only) each, with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation;

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(d) the petitioners shall not abscond either during investigation or trial;

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(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.)

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High Court, Madras - 600 104.

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https://hcservices.ecourts.gov.in/hcservices/